20061955 Ver 2_Buffer Determination_20070109

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Mr. Daniel J. Bliley
614 South Second Street
Smithfield, NC, 27577
Michael F. Easley, Governor
William G. Ross N., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 9, 2007
DWQ Project # 2006-1955
Johnston County
Page 1 of 2
Subject Property: Greyston Crossing Subdivision
Ut Hooks Branch, 27-45-4
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B .0233)
Dear Mr. Bliley:
On January 19, 2007, at your request I conducted an on-site determination to review six features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The six features are labeled as "A, B, C, D, E and F" on the attached map initialed by me
on January 19, 2007.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the streams using the DWQ Stream Classification methods. The Division of Water
Quality (DWQ) has determined that the surface water labeled as "A, B, C, D, E and F" on
the attached map are subject (or not) to the Neuse Buffer Rule as follows:
• A -subject throughout property
• B -subject at location approximately indicated on map, flagged in the field
for survey purposes
• C -subject starting at the edge of the existing powerline clearing, flagged in
the field for survey purposes
• D -subject throughout property
• E -not subject
• F -not subject
These features (A, B, C and D) and their associated buffers should be identified on any future
plans for this property. The owner (or future owners) should notify the DWQ (and other relevant
agencies) of this decision in any future correspondences concerning this property. This on-site
determination shall expire five (5) years from the date of this letter.
Noe Carolina
401 OversighUExpress Review Permitting Unit ~tllralllf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: hatp_;h2g_c.n.rstatc.nc.:.us%ncwetlanc~s
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Greystone Crossing
Page 2 of 2
February 9, 2007
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. A request for a determination by the Director shall be referred to
the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts" a surface water from
the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does
not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be
certain that third party appeals are made in a timely manner. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call me at [phone].
Sincerely,
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Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
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Enclosures: Greystone Crossing topographic map
cc: Chuck Wakils, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 20061955Greysto ne(Jo hnston)DET

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